Chapter 8.05
HEALTH AND SANITATION

Sections:

8.05.010    Rules and regulations.

8.05.020    Health nuisances – Abatement of.

8.05.030    Keeping of livestock.

8.05.040    Deposit of deleterious substances prohibited.

8.05.050    Destruction of noxious weeds.

8.05.060    Regulation of natural lawns.

8.05.070    Regulation of length of lawn and grasses.

8.05.080    Regulation of smoking.

8.05.010 Rules and regulations.

The board of health may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare, and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances and any person violating any of such regulations and any lawful order of the board shall be subject to the general penalty provided for in this code. [Prior code § 6-1-1].

8.05.020 Health nuisances – Abatement of.

(a) Defined. A health nuisance is any source of filth or cause of sickness.

(b) Duty to Abate. The health officer and the board of health shall abate health nuisances pursuant to Section 146.14, Wis. Stats., which is adopted by reference and made a part of this section. [Prior code § 6-1-2].

    State law reference: Section 146.14, Wis. Stats.

8.05.030 Keeping of livestock.

(a) Sanitary Requirements. All structures, pens, buildings, stables, coops or yards wherein animals or fowl are kept shall be maintained in a clean and sanitary condition, free of rodents, vermin and objectionable odors.

(b) Animals Excluded from Food Handling Establishments. No person shall take or permit to remain any dog, cat or other live animal on or upon any premises where food is sold, offered for sale or processed for consumption by the general public, unless such animal is a service animal. [Ord. dated 3/6/12 § 35. Prior code § 6-1-3].

8.05.040 Deposit of deleterious substances prohibited.

No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his own, any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person’s own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance. [Prior code § 6-1-4].

8.05.050 Destruction of noxious weeds.

(a) The village clerk shall annually on or before May 15th publish as required by state law a notice that every person is required by law to destroy any noxious weeds on lands in the village which he owns, occupies or controls. A joint notice with other towns or municipalities may be utilized.

(b) If the owner or occupant shall neglect to destroy any weeds as required by such notice, then the police or clerk shall give five days’ written notice by mail to the owner or occupant of any lands upon which the weeds shall be growing to the effect that the village after the expiration of five days’ period will proceed to destroy or cause to be destroyed all such weeds growing upon said lands and that the cost thereof will be assessed as a tax upon the lands upon which such weeds are located under the provisions of Section 66.96, Wis. Stats. In case the owner or occupant shall further neglect to comply with such five-day notice, then the village shall destroy such weeds or cause them to be destroyed in the manner deemed to be the most economical method and the expense thereof, including the cost of billing and other necessary administrative expenses, shall be charged against such lots and be collected as a special tax thereon.

(c) As provided for in Section 66.96(2), Wis. Stats., the village shall require that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight inches in height from the ground surface shall be prohibited within the village corporate limits. Noxious weeds shall include any weed, grass or similar plant growth which if allowed to pollinate would cause or produce hay fever in human beings or would cause a skin rash through contact with the skin.

(1) Noxious weeds, as defined in this section, shall include but not be limited to the following:

a. Cirsium arvense (Canada thistle).

b. Ambrosia artemisiifolia (common ragweed).

c. Ambrosia trifida (great ragweed).

d. Euphorbia esula (leafy spurge).

e. Convolvulus arvensis (creeping Jenny) (field bind weed).

f. Tragopogon dubius (goat’s beard).

g. Rhus radicans (poison ivy).

h. Cirsium vulgaries (bull thistle).

i. Pastinaca sativa (wild parsnip).

j. Arctium minus (burdock).

k. Xanthium strumarium (cocklebur).

l. Amaranthus retroflexus (pigweed).

m. Chenopodium album (common lambsquarter).

n. Rumex crispus (curled dock).

o. Cannabis sativa (hemp).

p. Plantago lancellata (English plantain).

(2) Noxious grasses, as defined in this section, shall include but not be limited to the following:

a. Dactylis glomerata (orchard).

b. Sorghum halepense (Johnson).

c. Setaria (foxtail). [Ord. dated 3/6/12 § 36. Prior code § 6-1-5].

    State law reference: Section 66.96, Wis. Stats.

8.05.060 Regulation of natural lawns.

(a) Natural Lawns Defined. Natural lawn as used in this section shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in AMC 8.05.050. The growth of a natural lawn in excess of eight inches in height from the ground surface shall be prohibited within the village corporate limits unless a natural lawn management plan is approved and a permit is issued by the village as set forth in this section. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.

(b) Natural Lawn Management Plan Defined.

(1) “Natural lawn management plan” as used in this section shall mean a written plan relating to the management and maintenance of a lawn which contains a legal description of lawn upon which the planted grass will exceed eight inches in length, a statement of intent and purpose for the lawn, a detailed description of the vegetational types, plants and plant succession involved, and the specific management and maintenance techniques to be employed.

(2) Property owners who wish to plant and cultivate a natural lawn must submit their written plan and related information on the form provided by the village. “Property owner” shall be defined to include the legal title holder and/or the beneficial owner of any such lot according to most current village records. Natural lawn management plans shall only indicate the planting and cultivating of natural lawns on property legally owned by the property owner. Applicants are strictly prohibited from developing a natural lawn on any village-owned property including street rights-of-way. This shall include at a minimum property located between the sidewalk and the street or a strip not less than 10 feet adjacent to the street where there is no sidewalk, whether the area is under public or private ownership. In addition, natural lawn shall not be permitted within 10 feet of the abutting property owner’s property unless waived in writing by the abutting property owner on the side so affected. Such waiver is to be affixed to the lawn management plan.

(3) Any subsequent property owner who abuts an approved natural lawn may revoke the waiver thereby requiring the owner of the natural lawn to remove the natural lawn that is located in the 10-foot section abutting the neighboring property owner. Such revocation shall be put in writing and presented to the village clerk by the subsequent abutting property owner. Upon receiving the written request to revoke the original waiver, the village board shall contact the owner of the approved natural lawn and direct the owner to remove the natural lawn located in the 10-foot section abutting the neighboring property owner. The village board shall revise the approved natural lawn management permit accordingly. The owner of the approved natural lawn shall be required to remove the 10-foot section abutting the neighboring property owner within 20 days of receipt of the written notification from the village, provided the notification is received sometime between May 1st and November 1st. Property owners who receive notification from the village between November 2nd and April 30th shall be required to remove the 10-foot section abutting the neighboring property owner no later than May 20th following receipt of the notification.

(c) Application Process.

(1) Property owners interested in applying for permission to establish a natural lawn shall obtain and complete an application form available from the village clerk. The completed application shall include a natural lawn management plan. Upon submitting a completed application, a $25.00 nonrefundable filing fee will be assessed by the village. Upon receiving payment, copies of the completed application shall be mailed by the village to each of the owners of record, as listed in the office of the village assessor, who are owners of the property situated wholly or in part within 300 feet of the boundaries of the properties for which the application is made. If within 15 calendar days of mailing the copies of the complete application to the neighboring property owners the village receives written objections from 51 percent or more of the neighboring property owners, the village clerk shall immediately deny the application. “Neighboring property owners” shall be defined as all those property owners who are located within 300 feet of the proposed natural lawn site.

(2) If the property owner’s application is in full compliance with the natural lawn management plan requirements and less than 51 percent of the neighboring property owners who are adjacent to and directly across from the property owner provide written objections, the village clerk shall issue permission to install a natural lawn.

(d) Application for Appeal. The property owner may appeal the clerk’s decision to deny the natural lawn permit request to the park committee at an open meeting. All applications for appeal shall be submitted within 15 calendar days of the notice of denial of the natural lawn management plan. The decision rendered by the park committee shall be final and binding.

(e) Safety Precautions for Natural Grass Areas.

(1) When in the opinion of the fire chief, the presence of a natural lawn may constitute a fire or safety hazard, due to weather and/or other conditions, the fire chief may order the cutting of natural lawns to a safe condition. As a condition of receiving approval of the natural lawn permit the property owner shall be required to cut the natural lawn within the three days upon receiving written direction from the fire chief.

(2) Natural lawns shall not be removed through the process of burning unless stated and approved as one of the management and maintenance techniques in the lawn management plan. The fire chief shall review all requests to burn natural lawns and shall determine if circumstances are correct and all applicable requirements have been fulfilled to ensure public safety. Burning of natural lawns shall be strictly prohibited unless a written permit to burn is issued by the fire chief. The fire chief shall establish a written list of requirements for considering each request to burn natural lawn thereby ensuring the public safety. In addition, the property owner requesting permission to burn the natural lawn shall produce evidence of property damage and liability insurance identifying the village as a party insured. A minimum amount of acceptable insurance shall be $300,000.

(f) Revocation of an Approved Natural Lawn Management Plan Permit. The clerk, upon the recommendation of the building inspector, shall have the authority to revoke an approved natural lawn management plan permit if the owner fails to maintain the natural lawn or comply with the provisions set forth in the approved natural lawn management plan permit or any requirements set forth in this section. Notice of intent to revoke an approved natural lawn management plan permit shall be appealable to the park committee. All applications for appeal shall be submitted within 15 calendar days of receipt of the written notice of intent to revoke the approved natural lawn management plan. Failure to file an application for appeal within the 15 calendar days shall result in the revoking of the natural lawn management plan permit. All written applications for appeal filed within the 15-calendar-day requirement shall be reviewed by the park committee in an open meeting. The park committee shall make a recommendation to the village board. The decision rendered by the village board shall be final and binding.

(g) Public Nuisance Defined – Abatement After Notice.

(1) The growth of a natural lawn as defined in this section shall be considered a public nuisance unless a natural lawn management plan has been filed and approved and a permit is issued by the village as set forth in this section. Violators shall be served with a notice of public nuisance by certified mail to the last known mailing address of the property owner.

(2) If the person so served with a notice of public nuisance violation does not abate the nuisance within 10 days, the enforcement officer may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such property owner. Notice of the bill for abatement of the public nuisance shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the village clerk shall enter those charges onto the tax roll as a special tax as provided by state statute.

(3) The failure of the village clerk to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the village expense on the tax rolls for unpaid bills for abating the public nuisance, as provided for in this section.

(h) Penalty.

(1) Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in AMC 1.05.060.

(2) In addition to any penalties herein provided, the village may issue stop work orders upon owners of lots where work is unfinished under a previously issued building permit for any violation of this section. [Ord. dated 3/6/12 § 37. Prior code § 6-1-6].

8.05.070 Regulation of length of lawn and grasses.

(a) Purpose. This section is adopted due to the unique nature of the problems associated with lawns, grasses and noxious weeds being allowed to grow to excessive length in the village.

(b) Public Nuisance Declared. The village board finds that lawns, grasses and noxious weeds on lots or parcels of land which exceed eight inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interferes with the public convenience and adversely affects property values of other land within the village. For that reason, any lawn, grass or weed on a lot or other parcel of land which exceeds eight inches in length is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area or where the lawn, grass or weed is part of a natural lawn approved pursuant to AMC 8.05.060.

(c) Nuisances Prohibited. No person, firm or corporation shall permit any public nuisance as defined in subsection (b) of this section to remain on any premises owned or controlled by him within the village.

(d) Inspection. The village may designate an official or any other person to inspect or cause to be inspected all premises and places within the village to determine whether any public nuisance as defined in subsection (b) of this section exists.

(e) Abatement of Nuisance. If the inspecting officer shall determine with reasonable certainty that any public nuisance as defined in subsection (b) of this section exists, he shall immediately report such existence to the village board who shall, if it determines that such nuisance exists, cause notice to be served that the village board proposes to have the lot grass or lawn cut so as to conform with this section and AMC 8.05.050.

(f) Due Process Hearing. If the owner believes that his grasses or weeds are not a nuisance, he may request a hearing before the village board or park committee. The request for said hearing must be made in writing to the village clerk’s office within the five days set forth in the notice. Upon application for the hearing, the property owner must deposit a $400.00 bond. If a decision is rendered in the property owner’s favor, the $400.00 will be returned to the property owner. If the property owner fails to appear for the hearing or if the decision is rendered against the property owner, the deposit shall be forfeited and applied to the cost of village personnel abating the nuisance, if necessary. When a hearing is requested by the owner of the property, a hearing by the village board shall be held within seven days from the date of the owner’s request. The property in question will not be mowed by the village until such time as the hearing is held by the board. At the hearing, the owner may appear in person or by his attorney, may present witnesses in his own behalf and may cross-examine witnesses presented by the village as well as subpoena witnesses for his own case. At the closing of the hearing, the village board shall make its determination in writing specifying its findings, facts, and conclusions. If the village board determines that a public nuisance did exist, the board shall order the property to be mowed unless the property has been mowed by the owner within 48 hours of the village board’s decision. If the owner does not abate the nuisance within the described 48 hours, the village shall cause the same nuisance to be abated and cost in excess of the forfeited fee assessed accordingly. [Ord. dated 3/6/12 § 38; Ord. dated 11/1/11 #3. Prior code § 6-1-7].

8.05.080 Regulation of smoking.

(a) Definitions. In this chapter:

“Educational facility” means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.

“Inpatient health care facility” has the meaning provided under Section 140.86(1), Wis. Stats., except that it does include community-based residential facilities as defined under Section 50.01(1), Wis. Stats.

“Office” means any area that serves as a place of work at which the principal activities consist of professional, clerical or administrative services.

“Person in charge” means the person who ultimately controls, governs or directs the activities aboard a public conveyance or within a place where smoking is regulated under this section, regardless of the person’s status as owner or lessee.

“Public conveyance” means mass transit vehicles as defined by Section 340.01(28q), Wis. Stats., and school buses as defined by Section 340.01(56), Wis. Stats.

“Restaurant” means an establishment defined in Section 50.50(3), Wis. Stats., with a seating capacity of more than 50 persons.

“Retail establishment” means any store or shop in which retail sales is the principal business conducted, except a tavern operating under a Class “B” intoxicating liquor license or Class “B” fermented malt beverage license, and except bowling alleys.

“Smoking” means carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment.

(b) Regulation of Smoking.

(1) Except as provided in subsection (c) of this section, no person may smoke in the following places:

a. Public conveyances.

b. Educational facilities.

c. Inpatient health care facilities.

d. Indoor movie theaters.

e. Offices.

f. Passenger elevators.

g. Restaurants.

h. Retail establishments.

i. Public waiting rooms.

j. Any enclosed, indoor area of a state, county, city, village or town building.

(2) The prohibition in subsection (b)(1) of this section applies only to enclosed, indoor areas.

(c) Exceptions. The regulation of smoking in subsection (b) of this section does not apply to the following places:

(1) Areas designated smoking areas under subsection (d) of this section.

(2) Offices occupied exclusively by smokers.

(3) Entire rooms or halls used for private functions, if the arrangements for the function are under the control of the sponsor of the function.

(4) Restaurants holding a Class “B” intoxicating liquor or Class “B” fermented malt beverage license if the sale of intoxicating liquors or fermented malt beverages or both accounts for more than 50 percent of the restaurant’s receipts.

(5) Offices that are privately owned and occupied.

(6) Any area of a facility used principally to manufacture or assemble goods, products or merchandise for sale.

(d) Designation of Smoking Areas.

(1) A person in charge or his or her agent may designate smoking areas in the places where smoking is regulated under subsection (b) of this section unless a fire marshal, law, ordinance or resolution prohibits smoking. Entire rooms and buildings may be designated smoking areas.

(2) If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all entrances to the room normally used by the public. If an entire building is designated a smoking area, notice of the designation shall be posted on or near all entrances to the building normally used by the public, but posting notice of the designation on or near entrances to rooms within the building is not required.

(3) The person in charge or his or her agent shall utilize, if possible, existing physical barriers and ventilation systems when designating smoking areas. This subsection requires no new construction of physical barriers or ventilation systems in any building.

(4) This section requires the posting of signs only in areas where smoking is permitted.

(e) Responsibilities. The person in charge or his or her agent shall:

(1) Post signs identifying designated smoking areas; and

(2) Arrange seating to accommodate nonsmokers if smoking areas are adjacent to nonsmoking areas.

(f) Penalties.

(1) Any person in charge or his or her agent who wilfully fails to comply with subsection (e) of this section shall forfeit not more than $25.00.

(2) Sections 101.02(13)(a) and 939.61(1), Wis. Stats., do not apply to this section.

(3) A violation of this section does not constitute negligence as a matter of law.

(g) Injunction. State or local officials or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of this section. [Prior code § 6-1-8].

    State law reference: Section 101.123, Wis. Stats.

    Cross-reference: Chapter 8.35 AMC.